February 13, 1975

The Honorable Mark W. White Secretary of State Capitol Building Austin, Texas 78711

Dear Secretary White: Opinion No. H- 526 Re: Whether any retired

judge is required to file activities report under art. 6252-9b, v. T. c. s. You have requested our opinion concerning whether retired judges must comply with the financial disclosure provisions ofarticle 6252-9b. V. T. C. S. Section 3(a) ofarticle 6252-9b requires “every elected officer.” to file financial statements. Section 2(2)(c) defines “elected officer” in part as “ajudge ofa court of civil appeals, a district court, a court of domestic relations, or ajuvenile court created by special law,” as does section 2(2)(E) concerning persons “appointed to fill a vacancy OCR newly created office who, if elected rather than appointed, would be an elective officer as defined [above]. ” Section 1ofthe Act provides:

Itis the policy ofthe State of Texas that no state officer or state employee shall have any interest, financial or otherwise, direct or indirect, or engage in any business transaction or professional activity or incur any obligation ofany nature which is in substantial conflict with the proper discharge ofhis duties in the public interest. To implement this policy and to strengthen the faith and confi,dence of the people of ‘Texas in their state government, there are provided standards ofconduct and disclosure requirements to be observed by persons owing a responsibility to the people of

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The Honorable Mark W. White, page 2 (H-526)

Texas and the government ofthe State of Texas in the performance of their official duties. It is the intent of the legislature that this Act shall serve not only as a guide for official conduct of these covered persons but also as a basis for discipline ofthose who refuse to abide by its terms. Section 7ofarticle 6228b, V. T. C.S., provides inpart:

No person who has heretofore retired under the provisions ofthis Judicial Retirement Act shall be considered to have been ajudicial officer ofthis State after such retirement, unless such person has accepted an assignment by the Chief Justice to sit in a court of this state. Section 7A(a) ofarticle 622813provides:

Any person who has retired under the provisions ofthis Judicial Retirement Act andwho within ninety (90) days after such retirement accepts an assignment by the Chief Justice of the Supreme Court or by a Presiditlg Judge of an Administrative Judicial Di,strict shall continue as ajudici,al officer, inwhich instance he shall, with his own consent to each assignment, be subject to assignment by the Chief Justice ofthe Supreme Court or by a Presiding Judge of any Administrative Judicial District to sit in any court ofthis state ofthe same dignity, or lesser, as that from which he retired, and if in a District Court, under the same rules as provided by the present Administrati.ve Judicial Act, and while so assigtxd. shall have all the powers ofajudge thereof. While assigned to said court, such person shall be paid &I amount equal to the salary of thejudge of said court, in lieu of retirement allowance.

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The Honorable Mark W. White, page 3 (H-526)

Itis therefore apparent that ajudge who retires and does not accept an appointment to sit in a court ofthis State is not thereafter ajudicial officer, and has nofurther duties as ajudge. Accordingly, it is our opinion that those retired judges who are nolonger “judicial officers” within section 7 ofarticle 6228b are also not “elected officers” under section 2(2) ofarticle 6252-9b and are 

### not subject to its disclosure requirements. Of course, were a retired judge to scce~pt an executive or legislative office in state government he may be subject to the statutory financial disclosure requirements. See Attorney General - Opinion H-155 (1973). However, those judges who continue as judicial officers retain duties as judges, and the public policy ofthe State, as expressed in section 1of 6252-9b, ES, is applicable to the “discharge of [their] duties.” Attorney General Opinion H-190 (1973) held, paraphrasing the language of the statute, that:

The courts whose judges are included by $2(2)(C) inthe definition of ‘Elected officers, ’ therefore, are the courts of civil appeals, district cmn+s. criminal district courts exercising thejurisdi.ction of district courts, courts of domestic relations, juvenile courts created by special laws, and any other legislatively created courts, if there are any, which exercise district court jurisdiction. : Ajudge who served in one of these courts prior to his retirement,would therefore have been an “elected officer” during his term of office. Since upon accep&g assignment to a court under section 7A ofarticle 6228b.a retired judge retains his character as ajudicial officer, it is our opinion that insofar as a rettred judge serves on one ofthe c~ourts enumerated inH-190 (1973). supra. he comes wi.thinthe broad definition of “rkcted offi,cer” under secti.on 2(2) ofarticle 6252-913, and in conformity with t,heSt,ate’s public policy is subject to the Act’s financial reporti.ng requirements.

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The Honorable Mark W. White, page 4 (H-526)

SUMMARY A retired judge who does not accept assignment under section 7A ofarticle 6228b is not an “elected officer” under article 6252-9b andis not required to file financial reports. A retired judge who accepts assignment under section 7A ofarticle 5228b to one ofthe courts covered by section 2(2) ofarticle 6252-9b, is an
“elected officer” and must comply with that statute’s financial disclosure requirements. Very truly yours,

APPROVED:

DAVID M. KENDALL, Fi.rst Assistant

a C. ROBERT HEAT:H. Chai.rman HILL General ofTexas

Opinion Committee

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